North Carolina § 148-13 - Regulations as to custody grades, privileges, gain time credit, etc.

§ 148-13. Regulations as to custody grades, privileges, gain time credit, etc.

The Secretary of Public Safety may issue regulations regarding the grades of custody in which State prisoners are kept, the privileges and restrictions applicable to each custody grade, and the amount of cash, clothing, etc., to be awarded to State prisoners after their discharge or parole. The amount of cash awarded to a prisoner upon discharge or parole after being incarcerated for two years or longer shall be at least forty-five dollars ($45.00). The Secretary of Public Safety shall adopt rules to specify the rates at, and circumstances under, which earned time authorized by G.S. 15A-1340.13(d) and G.S. 15A-1340.20(d) may be earned or forfeited by persons serving activated sentences of imprisonment for felony or misdemeanor convictions. Such rules shall include any person serving an activated sentence of imprisonment who is confined in a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice. With respect to prisoners who are serving sentences for impaired driving offenses under G.S. 20-138.1, the Secretary of Public Safety may, in his discretion, issue regulations regarding deductions of time from the terms of such prisoners for good behavior, meritorious conduct, work or study, participation in rehabilitation programs, and the like. , (d) Repealed by Session Laws 1993, c. 538, s. 32, effective January 1, 1995. The Secretary's regulations concerning earned time and good time credits authorized by this section shall be distributed to and followed by local jail administrators and by personnel of the Juvenile Justice Section or personnel approved by the Juvenile Justice Section with regard to sentenced jail prisoners, including prisoners housed in a detention facility approved by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice. The provisions of this section do not apply to persons sentenced to a term of special probation under G.S. 15A-1344(e) or G.S. 15A-1351(a). History (1933, c. 172, s. 23; 1935, c. 414, s. 15; 1937, c. 88, s. 1; 1943, c. 409; 1955, c. 238, s. 6; 1979, c. 760, s. 4; 1979, 2nd Sess., c. 1316, ss. 43-47; 1981, c. 63, s. 1; c. 179, s. 14; c. 662, ss. 8, 9; 1983, c. 560, s. 3; 1985, c. 310, ss. 1-4; 1987 (Reg. Sess., 1988), c. 1086, s. 120(a); 1991, c. 187, s. 3; 1993, c. 538, s. 32; 1994, Ex. Sess., c. 24, s. 14(b); 2011-145, s. 19.1(i); 2014-100, s. 16C.1(e); 2020-83, s. 8( l ).) Editor's Note. - Session Laws 2014-100, s. 16C.1(g), made the amendments to this section by Session Laws 2014-100, s. 16C.1(e), applicable to (i) persons placed on probation or sentenced to imprisonment for impaired driving under G.S. 20 138.1 on or after January 1, 2015, and (ii) persons placed on probation or sentenced to imprisonment for all other misdemeanors other than impaired driving under G.S. 20 138.1 on or after October 1, 2014. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2020-83, s. 8(p), made the amendment of this section by Session Laws 2020-83, s. 8( l ), effective August 1, 2020, and applicable to offenses committed, sentences imposed, and any other orders of imprisonment issued on or after that date. Effect of Amendments. - Session Laws 2014-100, s. 16C.1(e), effective July 1, 2014, substituted "sentences" for "prison or jail terms" in subsection (b); and inserted "and good time" in subsection (e). See Editor's note for applicability. Session Laws 2020-83, s. 8( l ), added the second sentence in subsection (a1); and rewrote subsection (e). For effective date and applicability, see editor's note. Legal Periodicals. - For article, "The Fair Sentencing Act: Exploring Solutions to Unintended Interpretations of Law," see 32 N.C. Cent. L. Rev. 115 (2009).